120 STAT. 622
PUBLIC LAW 109–248—JULY 27, 2006
not related to the mental condition of the person, is a sexually dangerous person, the Attorney General shall release the person to the appropriate official of the State in which the person is domiciled or was tried for the purpose of institution of State proceedings for civil commitment. If neither such State will assume such responsibility, the Attorney General shall release the person upon receipt of notice from the State that it will not assume such responsibility, but not later than 10 days after certification by the director of the facility.’’.
TITLE IV—IMMIGRATION LAW REFORMS TO PREVENT SEX OFFENDERS FROM ABUSING CHILDREN SEC. 401. FAILURE TO REGISTER A DEPORTABLE OFFENSE.
Section 237(a)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(A)) is amended— (1) by redesignating clause (v) as clause (vi); and (2) by inserting after clause (iv) the following new clause: ‘‘(v) FAILURE TO REGISTER AS A SEX OFFENDER.— Any alien who is convicted under section 2250 of title 18, United States Code, is deportable.’’. SEC. 402. BARRING CONVICTED SEX OFFENDERS FROM HAVING FAMILY-BASED PETITIONS APPROVED.
(a) IMMIGRANT FAMILY MEMBERS.—Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)), is amended— (1) in subparagraph (A)(i), by striking ‘‘Any’’ and inserting ‘‘Except as provided in clause (viii), any’’; (2) in subparagraph (A), by inserting after clause (vii) the following: ‘‘(viii)(I) Clause (i) shall not apply to a citizen of the United States who has been convicted of a specified offense against a minor, unless the Secretary of Homeland Security, in the Secretary’s sole and unreviewable discretion, determines that the citizen poses no risk to the alien with respect to whom a petition described in clause (i) is filed. ‘‘(II) For purposes of subclause (I), the term ‘specified offense against a minor’ is defined as in section 111 of the Adam Walsh Child Protection and Safety Act of 2006.’’; and (3) in subparagraph (B)(i)— (A) by striking ‘‘(B)(i) Any alien’’ and inserting the following: ‘‘(B)(i)(I) Except as provided in subclause (II), any alien’’; and (B) by adding at the end the following: ‘‘(I) Subclause (I) shall not apply in the case of an alien lawfully admitted for permanent residence who has been convicted of a specified offense against a minor (as defined in subparagraph (A)(viii)(II)), unless the Secretary of Homeland Security, in the Secretary’s sole and unreviewable discretion, determines that such person poses no
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